Chief Justice's Court
Case :- WRIT - C No. - 1050 of 2010
Petitioner :- M/S. Baljinder Brick Field
Respondent :- State Of U.P. & Others
Petitioner Counsel :- O.P. Pandey
Respondent Counsel :- C.S.C.,P.C. Shukla

Hon'ble Chandramauli Kumar Prasad,Chief Justice
Hon'ble Pankaj Mithal,J.

This writ petition has been filed for a writ in the nature of certiorari quashing the order dated 11.12.2009, whereby the No Objection Certificate granted to the petitioner has been cancelled by the Regional Officer, Uttar Pradesh Pollution Control Board, Bareilly.

Mr. Om Prkash Pandey, appearing on behalf of the petitioner, raises several points to assail the aforesaid order. Mr. Rajesh Mishra, however, appearing on behalf of respondent nos. 2 and 3, contends that as the petitioner has a remedy of appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981, all those submissions are not fit to be gone into in the present proceeding and the petitioner be relegated to the remedy of appeal.

Having heard learned counsel for the parties, we are of the opinion that in the face of the statutory remedy available to the petitioner, it is not a fit case in which discretion under Article 226 of the Constitution of India is fit to be exercised and on this ground alone, we are not inclined to interfere with the impugned order.

Petitioner, if so advised, may take recourse to the remedy of appeal.

Petition stands dismissed with the observation aforesaid.

(C.K. Prasad, C.J.) (Pankaj Mithal, J.) Order Date :- 12.1.2010/AHA